Judge Jaroslavsky

In re Khaury

Ruling: 
Debtor sanctioned for contempt and barred from attacking validity of court approved sale.
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Consumer case opionion summary, case decided on October 23,2014, LexisNexis #1114-071

In re Lohery Enters.

Ruling: 
Attorney for class of debtor's employees that was not certified was not entitled to administrative expense claim for fees.
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Commercial case opionion summary, case decided on November 25,2013, LexisNexis #1213-077

Maness v. Maness (In re Maness)

Ruling: 
Criminal fraud prosecution not intended to collect debt did not violate stay.
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Consumer case opionion summary, case decided on August 29,2013, LexisNexis #0913-073

Wiggins v. Housley (In re Wiggins)

Ruling: 
Real estate broker was liable for actual damages due to employee's violation of §110.
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Consumer case opionion summary, case decided on July 03,2013, LexisNexis #1213-002

In re Attell

Debtor filed a chapter 7 bankruptcy petition. A bank's motion for relief from the automatic stay was granted. The debtor moved to dismiss the case and sought to recover $ 3,850 he paid to two attorneys, including attorney one. Attorney one was ordered to return $ 3,850. Upon the debtor's motion for contempt, the bankruptcy court vacated the order requiring attorney one to refund the attorney's fees. The debtor moved for reconsideration.
Ruling: 
Excessive attorneys' fees ordered refunded on reconsideration.
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Consumer case opionion summary, case decided on May 23,2013, LexisNexis #0613-111

Landis v. Velyvis (In re Velyvis)

Following dismissal of a complaint filed by acting U.S. Trustee (UST) to deny chapter 7 debtor's discharge under 11 U.S.C.S. § 727(a)(2) and (a)(4)(A), the debtor moved for attorneys' fees pursuant to 28 U.S.C.S. § 2412(d)(1)(A).
Ruling: 
Debtor not entitled to attorneys' fees for dismissal of proceeding to deny discharge where schedules were clearly false.
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Consumer case opionion summary, case decided on April 25,2013, LexisNexis #0513-131

In re MC2 Capital Partners LLC

The court appointed receiver for a creditor moved that his late claim on behalf of the creditor be allowed. Debtor and the Official Creditors' Committee opposed the motion.
Ruling: 
Late claim filed post-confirmation disallowed.
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Commercial case opionion summary, case decided on March 25,2013, LexisNexis #0413-094

In re MC2 Capital Partners LLC

Debtor limited liability company ("LLC") filed a petition under chapter 11 of the Bankruptcy Code, and another LLC that purchased claims which vendors held against the debtor filed claims against the debtor's bankruptcy estate. A committee that was appointed to represent unsecured creditors filed objections to the claims and moved for summary judgment on its objections.
Ruling: 
LLC that paid claims on behalf of debtor could assert claims against the estate in an amount not to exceed amount actually paid.
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Commercial case opionion summary, case decided on February 27,2013, LexisNexis #0313-084

In re Soto

When a chapter 13 plan proposed by debtors, a married couple, included language requiring secured lenders, presumably including objector bank, to provide debtors with certain periodic information as to the status of the mortgage obligation, the lender objected. Issues included the relationship of the proposed language to Fed. R. Bankr. P. 3002.1 and whether 11 U.S.C.S. § 1322(b)(11) authorized inclusion of such a provision.
Ruling: 
Plan could not include language requiring periodic status reports by secured lenders.
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Consumer case opionion summary, case decided on January 26,2013, LexisNexis #0213-099

In re Hogan

The chapter 13 trustee and a construction company, asked the court to dismiss the chapter 13 filed by defendant debtors, a married couple, per 11 U.S.C.S. § 1307(c) on the grounds that debtors had failed to obtain plan confirmation within a reasonable time and that the chapter 13 was filed for the imrpoer purposes of delaying certain state court proceedings and prolonging debtors' retention of a residence constructed by the company.
Ruling: 
Confirmation denied and case dismissed due to filing for improper purpose.
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Consumer case opionion summary, case decided on January 25,2013, LexisNexis #0213-096

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